Loading...
HomeMy WebLinkAbout261519 CAROLLO ENGINEERING - PURCHASE ORDER - 9141130 (3)Fort Collins Date: 12/31/2014 Vendor: 261519 CAROLLO ENGINEERING 10822 W TOLLER DR SUITE 200 LITTLETON CO 80127-5084 PURCHASE ORDER PO Number Page 9141130 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/31/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 CONSULTING SERVICES natural Areas portion City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 1 LOT EA 4,291.59 Total $4,291.59 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of For Collins u exempt from state and local Lazes. Our Exemption Number is 11. NONWAIVER. 98-M502. Federal Excise Tax Exemption Certificate of Registry 84,60no589 is registered with the Collar- of Failure of the Purchaser to insist upon strict performance of the terms and conditions halt failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Rrvised Su wars 1973, Chapter 39-26, 114 (a). eurcise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the eccepmnre of or paymml for goods hereunder or approval ofine design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mad specifications, either when shipped or due to defects of any of the warranties or obligatiow of this purchase order and shall not be deemed a waiver of any right of me damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon ruin performance heremfar any arm rights or remedies as to any such goads, regardless instructions from the City of For Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported road modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temss Inspection. GOODS are subject to the City of For Collin; inspection on critical. therror. Final Acceptance. Receipt of the merchandise, semen or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the For of the City of Fort Collins. Howe, it is to he understood that FINAL Seller and do Purchaser necomine that in strut ec erect, practice, ovarchargn resulting from mtifst ACCEPTANCE is dependent upon romplesion of all applicable a quired inspection procedures. violations art in fact borne by the purchaser. Theretofore, for good reuse and ss consideration for exemting this purchase order, me Sella hereby assigns to me Purchaser any and all claims it may now have or bereafter Freight Terms. Shipment muss be F.O.B., City of For Collins, 700 Woad Sr., For Collins, CO 80522, unless s ,mead under federal or slate antitrust laws for such overcharges reining in the particular goods Or services otherwise specified on this order. If permission is given on prepay freight and charge separately, no original freight putcbued in acquired by the Purchases pursuant to this purchase Ordm hill inns menmrunv over— Additional chances (m eackina will not be tore. ed. Shipment Distance. Where manifeco en have distributing paints in serious parts of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary Favors, cetificutn and licenses required by all applicable laws, regulations, ordinances and roles of me state, municipality, territory or political subdivision where the work is performed, or required by any other duly caustimted public authority having jurisdiction ova me work of vendor. Sella father agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by narwa of an assured or established violation of any such laws, regulations, ordinances, roles and requirements. Authentication. All pima to this contras agree that the repreunmtives are, in fxL bone fide and possess full and complete authority as bind said pmim. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and ran Tawas soared herein set form and any supplementary or additional moon, and conditions annexed hereto or incorporated herein by inference. Any additional or different terms and conditions Framed by seller ere objected to and hereby reacted, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date m noted. Time is ofthe essence. Delivery and performance must be effected within me time stated on the purchase meet and the documents attached hereto. No acts of the Freshman, including, without limitation, acceptance of partial late deliveries, shall npemre as a waiver ofthis provision. In the rem of any delay, me Purchaser shall have, in addition fo other legal and equitable remedies, the .,bona! placing this Order elsewhere and holding the Seller liable fin darn on. However, me Sella shall at be liable for damage res a result o[delays due to muses nor reasonably foresseable which are beyond its reasonable con"] and without in fault ofnegligencca. such acts of God, acts armed or military authorities, goversmmtal routines, fires, mikes, Rood, epidemic, somOr dos presided that notice of the conditions musing such delay 6 given m the purchaser within five (5) days of the time when the Seller f t received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period orml ao the time aetmH, last by reaso. ofthe delay. 3. WARRANTY. The Seller wmmnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other disruptions given, will be fil for the purposes intended, and performed with the highest degree of core and conference in accordance with accepted standards for work of a imilar nature. The Seller agrees to hold the purchaser M1arand. from any loss, damage or expense which the Pmchsser may snit or mouton account of the Seller breach of warronry. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of rime as may be prescribed by law or by ft rams of fry applicable worms, provided by f Seller ufler the date of acceptance of the goods famished hereunder (acceptance rat m be uvreaso.bly delayed), resulting fmm imperf r or defective work done or materials f uhrd by ft Seller Acceptance or era of goods by me Purchaser shall rest conea era, a waiver army claim order this warranty. Except a otherwise provided in this Purchase order, the Sellers liability hereunder shall exland to all damages proximately consul by the breach of any of the foregoing warranties or gr ardntas, but such liability shall in no event include lass of prefirs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes ro the terms, other than legal terms, including additions to or deletions fmm the qu rmitiev originally ordered in the spaifmtions or drawings, by varied or written change order. If any such change affas the amount due as the time of pedhrnLance lamundar, an equitable edjusamem shall be made. 6. TERMINATIONS. The Forefinger may at any time by written change Dear, terminate this agreement as to any Or all potions of f good then not shipped, subjaa to any equitable Winament between ft ponies as b any work m materials men in progress provided dot the Purcbaer shall rat he liable fin any claims for anticipated profits on the unromplaed ,onion of the good and/or wad, for incidental or came usumal damages, and that an such adjustment be made in favor of the Seller with respect to my good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of their obligations a to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella wanmras that all goods sold hereunder shall have been produced, sold, delivered and fumimed in strict compliance with all applicable laws and regulations to which the good ere subject. The Seller shall exemte and deliver such documents as may be raluioed on effect or evidence rmnpliaime. All laws and regulations restorN to be incorporated in ageemms of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Puechaur haemlas from all toss and damages •ufTeaW by the Purchaser ss a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assip, trdwfa or convey This order, or any monies due or to become due hereunder wimom the prior written consent of the other parry. 10, TITLE. The Seller warden fall, clear and unresWned title to the Purchaser for all a luipmma, materials, and items furnished in Performance of this agreement, free and clear of any and all liens, restrictions, rescrvatiors, security interest ancumbrstwes and claims of others 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthc Purchaser directs me Sella to carrier nonconforming or defective goods by a data in a agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available ro it, and the Sella shall pay all ins s insociated with such work. The Seller shall relesse me Purchaser and its contractors of any tier form all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to me directors, .[Faces and employees of such party. The Sellers mntmeneri obligations, metal, wartanyr, shall ern be domed to be reduced, in any way, because such work is performed an ratted to be performed by the Purchases. 14. PATENTS. Whenever the Seller is Tortured to use any design, device, material or process covered by Rout, parent trademark or copyright, the Seller shall indemnify and save hamtless no Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost. expense ar damage which it rimy he obliged in pay by reason of such infringement a any time during the proserntion or after the completion of me work. In case said orulponenL or any pan thereof or the intended use of the goods, u in such suit held to constitute infringement and the use of mid oraiprwal or par s -joined, the Seller shall, at is own expos and at its option, either procure for the Pumhuer the eight to continue wing said equipnum or pus, replace she some with substantially normal but noninfringing equipmmL or modify it se it becomes uohinfnnging. 15. INSOLVENCY. If the Sella shall became binational or fkrupt, make an assignment fin the benefit of reedders, appoint a recelva or tmstce for my of me Sell. property or bssiness, this order may forthwith be mnceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the right of all parties hereunder shall be command under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in taus where the Seller is to perform wad hereunder, including the smite, of Sellers Represmmive(s), on the premises of other. 17. SELLERS RESPONSIBILITY. The Seller shall miry on said work at Sellers own risk need the same is filly completed and accepted, and shall, in au of any accident denotation or injury to de work and/- mammals before Sellers final completion and acceptance, complese me work at Sellers own expense and an the soomf rider of tbe Purchases. Whaa materials and egni, mina are f 'abed by others for installation err erection by me Seller, the Sella sbau receive, unload, start and handle mine m dre site and become respasnmle therefor as though such materials arri equipment were being famished by the Sella abler the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of waders compensation, including occupational disease benefits, to its employees employed on or in connection with me work covered by this purchase rota, amPoT to their depmdmts in accordance with the laws of me state in which the work is in be done. The Seller shall also carry comprehensive general liability including, but or limited to, contractual and automobile public liability ins—. with bodily injury and lanN limier of at least 5300,000 fur any tore Penon, $500,000 for any one accident and popery damage limit per accident of S400,000. The Seller shall likewise require his contractors, Harry, in provide for such compensation and insumr are. Bef any ofthe Sellers or his contractors employees shall do any wod upon the premises of others, the Seller shall banish the Purchwer with a certificate der such compensation and iwumme have been provided. Such ca refimtes shall specify tbe date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and inamence shall be mainained u.el after the entire weds completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any or all of the Purchasers officers, agents and employees from ard agalat any and all claims, losses, damages, charges or expenses, whether direct m indirect, and whether to persons or popery on which the Purchaser may be put or subject by reason of any act, action, neglect, omission Or default on the part arm, Sella, tiny of his mntmctors, or any of the Sellers err contractors officers, agms or employers. In rase my suit -1 other proceedings shall be brought against the Purefer, or its officers, agents or employees at MY time on account or by reason of any act, action neglect, omission or def nih of the Seller Of any of has cwrmmrs or my of is or Ibeir oMo., agents as employers as aforesaid, the Seller hereby ri,ea to assume the defense thamf and to defend the same at the Sellers own expense, to pay any and all costs, charges, momrys fees and other apeatis, any and all judgmens that may be incurred by or obained against the Provisions many of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or ss a result ofauch suits or other proceedings, the Seller will at once Ming the same to be dissolved and diseM1anged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and Main all guard necessary for she prevention of accidents, comply with all laws and regulations with regard to safety including, but without limilatim, me Occupational Safety and Health Act of 1970 and all rates and regulaeow issued pursuant thereto. Revised ft7n014